Maternity, parental and adoption leave directive

Overview

This directive describes the conditions under which non-union employees qualify for maternity, parental or adoption leave, the duration and starting date of the leave, employee responsibilities to ensure continued benefits coverage during the leave, entitlement to illness benefits before and during the leave, maternity and parental top-up plan benefits to Employment Insurance benefits, and what happens when the employee returns to work.

Entitlement for bargaining unit employees are contained in the Collective Agreement.

Definition of terms

Bargaining unit: employees under the Public Service Act designated to be represented by a trade union as the certified bargaining agent, as defined by the Public Service Employee Relations Act.

Non-Union: includes employees not in the bargaining unit, including management, opted-out and excluded, and position exempt employment groups.

Leave of Absence Without Pay: a period of time away from work for which employees are not paid.

Maternity, parental and adoption leaves

Conditions for leave

An employee will be granted Leave of Absence Without Pay if:

• The employee gives at least 2 weeks of notice; and
• The employee has worked at least 90 days as of the date of confinement, or as of receipt of the child in the case of adoption; and
• An employee who is in a temporary position will continue in the position following the leave.

Duration of leave

Maternity leave

A pregnant employee shall be granted up to 78 weeks of leave without pay which includes a combined total of not more than 16 weeks maternity leave and 62 consecutive weeks of parental leave immediately following the last day of her maternity leave.

A pregnant employee should apply for maternity leave as soon as possible prior to her expected date of delivery, but in any case shall give the employing department at least 2 weeks notice in writing of the date on which she intends to commence leave.

Adoption leave

An employee who has adopted a child is entitled to a leave of absence without pay of up to 62 consecutive weeks within 78 weeks of the child being placed with the employee.

If 2 employees choose to each request a leave of absence without pay for the adoption of the same child, the combined aggregate amount of leave for both employees shall not exceed 62 weeks within 78 weeks of the child being placed with the employees.

Parental leave

An employee entitled to maternity leave is entitled to up to 62 consecutive weeks of leave of absence without pay in conjunction with the maternity leave, which shall not exceed a combined total of 78 weeks.

An employee who is a parent is entitled to a leave of absence without pay of up to 62 consecutive weeks within 78 weeks of the birth of their child.

If 2 employees choose to each request a parental leave of absence without pay for the birth of the same child, the combined aggregate amount of leave for both employees shall not exceed 62 weeks within 78 weeks of the birth of their child.

Starting date

The department will approve the date the maternity, parental or adoption leave begins, unless an employee:

• presents a medical certificate from the employee’s doctor advising not to continue working, in which case the leave begins from that date
• asks for leave to conform to Employment Insurance benefits regulations

The department will not set a date that is earlier than 12 weeks before the expected date of delivery unless the employee requests an earlier date.

Benefits coverage

If an employee is participating in the following benefit plans at the beginning of the maternity, parental or adoption leave, the employee will continue to be covered under these plans and will continue to pay the employee’s portion of the applicable premium costs:

• Extended Medical Benefits Plan
• Dental Plan
• Group Life Insurance and Accidental Death & Dismemberment (AD&D) Plans
• Long Term Disability Income Continuance Plan (LTDI) *
• Health Spending Account (HSA) *
• Prescription Drug Plan

In order to ensure continued coverage employees are responsible for paying their premium costs during periods of maternity, parental and adoption leave. Failure by the employee to remit premiums when due will result in termination of benefits for the employee and all enrolled dependents. The employer must provide a minimum of two weeks’ written notice prior to terminating the benefit plan coverage.

The employer retains the right to recover from the employee’s pay any outstanding benefit plan premiums that are in arrears.

*Note: LTDI premiums (both employee and employer) are waived while an employee is on maternity, parental or adoption leave. Coverage under the LTDI plan continues while an employee is on leave but benefits are not payable during the leave. The HSA is 100% employer paid and thus coverage will not terminate.

Illness benefits

If an employee is absent for pregnancy-related health reasons at any time during the pregnancy, the employee is eligible for illness leave when satisfactory proof of illness is presented.

Maternity and Parental Top-Up Plan

Effective April 1, 2026, eligible non-union employees will receive an income top-up to federal Employment Insurance benefits of up to 93% of the employee’s regular earnings. This top-up will be provided for a maternity leave period of up to 16 weeks (maternity top-up), and a parental or adoption leave period of up to 16 weeks (parental top-up). The total combined top-up will be for a maximum of 32 weeks.

An eligible employee may qualify for a maternity top-up, parental top-up, or both under the Maternity and Parental Top-Up Plan if the employee: 

• is approved for maternity leave, parental leave or adoption leave under the Public Service Employment Regulation; and 
• provides proof of receipt of benefits under the Employment Insurance Act (Canada)  

covering the period following the date of delivery.

If 2 eligible non-union employees receive the parental top-up for the birth or adoption of the same child, the combined aggregate amount of the parental top-up shall not exceed 16 weeks.

Returning to work

When an employee returns from a maternity, parental or adoption leave, the employee will be returned to the employee’s former position or a comparable position in the same department, at a comparable salary.

If an employee has worked a full year and resigns due to maternity, parental or adoption reasons, then returns in any capacity within six months from the date of resignation, the employee will be considered to have been on a leave without pay for the purpose of determining sick leave entitlement. The employee will earn vacation leave in the same manner as a new employee.

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